Category Archives: Unions

AT&T Connecticut and the Communications Workers of America were embroiled in bitter contract negotiations in 2009. Among other efforts to let the public know about the dispute, employees, many of whom had to go into customers’ homes, began wearing shirts that said “Inmate” on the front with a black box underneath the lettering. The back… Continue Reading

Recently, The Century Foundation, a group that pursues “non-partisan research and policy analysis” released a report on virtual labor organizing. The report assesses how a mobile application (“app”) or website could provide a platform that would help workers organize for labor campaigns. According to the report, approximately 96 percent of workers use Internet, e-mail, or… Continue Reading

Admittedly, as a management-side labor and employment lawyer, I am not always a big fan of the unions. And a recent story in the LA Times just reinforced my negative attitude. As many of you know, increasing the minimum wage has been a hot political issue, and labor unions have been strong and outspoken advocates… Continue Reading

In 1947, Shawe Rosenthal’s founder, Earle K. Shawe, filed the first unfair labor practice charge against a union under the Taft-Hartley Act. Now, in another major labor law first, S&R represented a Baltimore-based distribution company in the first NLRB election conducted by the Board in its Region 5 (generally covering the mid-Atlantic area) under its new “quickie… Continue Reading

Absent an injunction issuing in one of the pending cases challenging the National Labor Relations Board’s Final Rule substantially revising its representation case procedures, the rules become effective April 14, 2015. The practical effect is that representation elections will be held in a shorter period of time, which reduces the ability of employers to educate… Continue Reading

The latest office fodder for me and my colleague, Jason Usher (who formerly worked at the National Labor Relations Board (“Board”)), involves an Administrative Law Judge’s (“ALJ”) decision, Valley Health System LLC, that found that a healthcare employer’s English-only rule violated the National Labor Relations Act (“Act”). Many employers, especially those in the healthcare industry, institute… Continue Reading

Even with the hoopla surrounding March Madness there has been equally compelling news regarding college football despite the fact that that sport is not even in season. The National Labor Relations Board’s Chicago office just handed down a decision that Northwestern football players are employees and have the right to organize. Nothing will happen immediately… Continue Reading

Management-side labor attorneys often are spoilsports when it comes to outside groups entering company property to peddle their wares. Many employers think they are being the benevolent boss by inviting cable companies, cell phone providers, charities, etc. onto the company premises and allowing these groups access to their employees. But if you allow all of… Continue Reading

For a labor law attorney like myself, today is Christmas morning at the Supreme Court. In contrast to most labor law cases which reach the High Court and usually involve procedural and/or constitutional issues and labor law itself is only a side show (like Noel Canning later this term), the case at 1 First Street… Continue Reading

Do you wonder why a large inflatable rat stands nearby when a union is picketing? In the building trades, “rat” is a term that unions sometimes use to refer to a non-union contractor. A union typically sets up its inflatable rat (or, in some cases, a skunk) at its picket line at a site (e.g., an office building)… Continue Reading

Labor Peace Agreements Leading to Successful Organizing: The U.S. Chamber of Commerce’s Workplace Freedom Initiative has released a new report, “Labor Peace Agreements: Local Government as a Union Advocate.” The report is a comprehensive overview of local “labor peace” legislation that is becoming more commonplace nationwide. The trend noted by the Chamber usually involves states… Continue Reading

The Bureau of Labor Statistics released its annual report on union membership last week. Like most of these reports in recent years, it was bleak and gloomy news for organized labor. Private sector union membership continued its downward plummet and now stands at a paltry 6.6%. This is down from 6.9% last year. Perhaps, even… Continue Reading

With the New Year, we see many lists offering “predictions” about what will happen in 2013 – one of my favorites is the location of the upcoming nuptials between Brad Pitt and Angelina Jolie (an estate in France or a tent in Namibia appear to be the likely contenders). How about one for labor and… Continue Reading

The Labor Board has released its long-awaited second “Facebook case.” To nobody’s surprise, the NLRB has largely adopted the ALJ decision that the Facebook postings in question constitute protected concerted activity under Section 7. In Hispanics United of Buffalo, an employee threatened to report several of her co-workers to management who she felt did not provide… Continue Reading

Do you think it could possibly violate any law to require at-will non-union employees to sign a confidentiality agreement prohibiting disclosure outside the company of information relating to customers, marketing procedures, costs, prices, business plans, computer and software systems, and “personnel information and documents?” If you answered “of course not!” you would be WRONG under… Continue Reading

As we reported in May, the United States District Court for the District of Columbia invalidated the NLRB’s proposed “quickie” election rules, on the grounds that the Board lacked a proper quorum on the day of voting. Member Brian Hayes never formally voted on the rules, though he did indicate in the days before the… Continue Reading

The NLRB continues to take action designed to help unions organize employees. The latest step is the Board’s recently established web page designed to inform employees of their right to engage in protected concerted activity. The web page, located at www.nlrb.gov/concerted-activity, begins with the statement: “The law we enforce gives employees the right to act… Continue Reading

The NLRB General Counsel’s office has released its third report on recent social media cases. The GC reviewed social media and confidentiality policies from several companies and found most policies unlawful. In particular, the GC found the following portions of various social media and confidentiality policies unlawful: “Don’t release confidential guest, team member or company… Continue Reading

While the rest of America was busy celebrating the long Memorial Day weekend, internal turmoil at the NLRB finally resulted in action when, on May 26, NLRB Board Member Terrence Flynn submitted his resignation. The resignation is effective July 24, but Flynn stopped conducting all agency business immediately. As we discussed on this blog in… Continue Reading

“According to Woody Allen, eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically.” So begins United States District Court Judge James Boasberg’s opinion… Continue Reading

In Part One of my analysis of the recent case brought by the NLRB challenging various aspects of the Rio Hotel & Casino’s employee handbook, I reviewed two parts of the handbook that the Board found objectionable: a prohibition on off-duty clothing and an off-duty access rule. The ALJ ruled in favor of the Company… Continue Reading

A little-noticed ALJ case recently coming out of Las Vegas gives employers excellent insight into how the NLRB General Counsel views certain employee handbook provisions. The case involved the famous Rio Hotel and Casino – a venue which boasts a couple thousand hotel rooms and, in my opinion, the best buffet in Vegas. Last July,… Continue Reading

Today marks a new day for the National Labor Relations Board, as significant changes to its election procedures officially take effect. All NLRB election petitions filed starting today will be subject to these new rules. The most significant changes concern the role of a pre-election hearing. Up until now, a pre-election hearing was an opportunity… Continue Reading

BREAKING NEWS! In a follow-up to our blog posting from this morning, the United States Court of Appeals for the District of Columbia just issued an injunction preventing the NLRB from enforcing its poster rule while the Court considers an appeal of the prior D.C. District Court case which upheld a portion of the rule. … Continue Reading

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The Labor & Employment Report is your one-stop blog to learn about the latest developments in labor and employment law issues. Published by Shawe & Rosenthal LLP, Management’s Workplace Lawyers, this blog seeks to inform human resource professionals, corporate counsel, business leaders, policy makers, journalists, judges, and other attorneys about critical labor and employment issues. The Labor & Employment Report will closely track the National Labor Relations Board, federal and state court employment/labor decisions, and actions from relevant government agencies.

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Shawe Rosenthal

Shawe & Rosenthal LLP — Management’s Workplace Lawyers. Since 1947, we have successfully represented employers throughout the United States before the National Labor Relations Board, in federal and state courts, arbitrations, and other administrative agencies, such as the EEOC. Our clients range from Fortune 100 companies to smaller businesses and non-profits in a wide range of industries. Our law firm places great emphasis on providing effective, efficient advocacy, responsive and personalized client service, and sound practical advice.